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Minutes 05-27-76MINUT'~ OF TEE SPECIAL MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, THURSDAY, MAY 27, 1976 AT 3:30 P. M. PRESENT Joseph T. Kelly, Chairman Richard Lambert Louis Reiser Simon Ryder Oris Walker Garry Wimter ABSENT Fred Kestaer, Vice Chairman (Excused) Ghairman Kelly called the meeting to order at 3:35 P. M. and announced it was a special meeting called for the express pur- pose of discussing proposed Ordinance No. 76- , Nenco~forming Uses amd Structures. He noted that stw members were present and ammounced that Mr. Eostner was excused, as he is away on vacatioa. Chairman Kelly suggested discussing the proposed ordinance section by section amd'the members agreed. Mr. Ryder ques- tioned calling this Section !1 and in reply, Chairman. Kelly read the caption of the proposed ordinance and Section 1 and clarified that it was noted as Section 11.1 in reference to the Codified Ordimances of the City of Boymton Beach. There was some discussion about this and Chairman Kelly stated that he was sure it would be put in the proper place ia the zoning regulations. Chairman Kelly informed the members that he discussed this ordinance with Mr. Howell and Mr. Schmidt and both this will take care of their problems thoroughly. Chairman Kelly then read Section 11.1, Paragraph A. The mem- bers discussed how this grandfathered uses and hew it applied in different situations. They e~pressed agreement With the wording and meaning. Chairman'Kelly then read Paragraph B, Sections (1), (~), and (3). He continued with reading Paragraph C, Section (I) and Mr. Rydernoted~that a colon was necessary at the end of this '.$ectiea after regmlations. Chairman Kelly continued with read~ Paragraphs (a), (b), (c), a~d (d). Mr. Lambert questioned the word "generally' ia Paragraph (d) amd the members discussed how this would apply and decided to obtain Mr. Reed's opinion on whether this could be deleted. At this time, they also discussed how Paragraph (d) would apply to 50 ft. lots. MINUTE~ PLANNING & ZONING BOARD PAGE TWO MAY 2?, 1976 Chairmam Kelly proceeded with reading Paragraph D, Section (1). Mr. Ryder questioned the statement "may Be extended" and they discussed how this womld applyl After several examples were mentioned, Mr. Ryder stated he was still puz- zled and suggested that they discuss with Mr. Reed the inter- pretation of this. Chairman Kelly then read Paragraph D, Section (2) and Para- graph E. Mr. ~yder referred to it statimg the lawful exist- ence of a structure or building, etc. im the first sentence and then stating im the secon~ sentence a nonconforming strUcture or building. Mr. Winter clarified hew this would apply giving examplesfrom hisown experience. Chairma~ Kelly read Paragraph F a~d added that he thought this was very clear and the members agreed. Chairman Kelly read Paragraph G, ~ectios (1). Mr. Lambert questioned the word "ne~' use. The members discussed this and how it would apply and decided to ask Mr. Reed if "as a new use" could be deleted. ChairmamKelly read Sections (2) and (3). Mr. Lambert ques- tioned if there was any ether possible reason why a person would be forced to discontinue the use for six months other thsm govermmental action and ~m. Winter gave the example of an a~amdoned gas station. Chairman Kelly then noted that Sections 2 thru 5 were stan- dard in all ordinances. He then referre~ to the memo dated May 24 from Mr. Reed to Mr. Kohl advising that he would be present at the Board's meeting on Jm~e $ for discussion of this proposed ordinamce. Mr. Lambert asked when they were going to discuss the sub- division ordinance and Chairma~Kelly suggested having a special meeting next week. Mr. Ryder suggested discmssing it at the next regmlar meeting if the agenda was ~et tee lengthy. Chairmam Kelly requested that they bring the pre- posed subdivision ordimance to the Jane 8 meeting. Chairme_~ Kelly informed the Board that Mr. Fro~rath had calledhim ia reference to the zoning ef the Cogen property. After Mr. Coge~, his engineers, his architects and Mr. From- ruth went over the proposed zoning, they find that under R-1AA they will lose tee much land em ac¢ommt of setbacks where it will be injmriems from a fimancial standpoint. They weald now like to request a R-lA zoning classification. This will be on the agenda for Jmme 8' It was discussed how this would be a zoning change. ~d how a public hear- ing may be req The members discussed at lemgth how this would affect the density in regards to the state law. PAGE TH~ MAY 27, 1976 Mr. Winter made a motion to adjourn, seconded By Mr. Ryder. Motion carried 6-0 and the meeting was Properly adjourned at 4~28 P. M. Respectfully submitted, Suzanne RecQrding Secretary (One Ta~e) Kohl, City Rian~ger DATE Aday 24, a- L -J SUBJECT Proposed Ordinance !k'o. 76 Nonconformln~ Uses and Structures ESSAGE . . .~- %nc[osed herewith please rind copy of a proposed Ordinance which would add new sect[on 11. ! to the City's Zoning Code, so as to provide a section therein regarding nonconforming uses and structures, i hare previously discussed the need of this Ordin- ance with Bud ~owett and the members of the Planning and Zoning Board. Accordingly, I would appreciate your asking Bud to circulate copies of the proposed Ordinance among the ri:embers of the Planning and Zoning Board, so that they may review the same in order that t naigh, t discuss any comments they may have at their '3/8/76 n**eetlng. Thereaft*'r, the proposed Ordinance wilt be submitted to the Council for their consideration, hopefully at its ,:',/~5/t¢ meeting. DATE SIGNED DETACH AND FILE FOR FOLLOW-UP ORDINANCE NO. 76- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A OF THE CODIFIED ."~RDINANCES OF SAID CITY TO ADD A NEW SECTION · ll. 1, ENTITLED NONCONFORMING USES AND STRUC- TI:IRES.; PROVIDING FOR AUTHORITY TO CODIFY, SAVINGS CLAUSE, REPEALING PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. BE IT ORD]kINED BY THE CITY cOUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That Section 11. I is hereby added to Appendix A of the Codified Ordinances of the City of Boynton Beach, follows: Florida, to read as "Section 11.1. Nonconforming Uses and Structures. A. Existing Uses. Any lawful use of land or structures existing on the effective date of the adoption or amendment of these zoning regulations, but which would become a noncbnforming use under the terms of these regulaiions or future amendments hereto, shall be permitted to continue, subject to the provisions of this Section pertaining to its extension, alteration, reconstruction, con- tinuance, discontinuance or change. B. Nonconforming Uses of Land. (1) No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greaier area of land than was occupied on the effec- tive date of the adoption or amendment of these regulations, unless such use is subsequently Changed to a rise p~rmitted in the district in which such use is located, (2) No such nonconforming use shall be moved in whole or in part to any other portion of %he lot or parcel occupied by such use on the effective date of the adoption or amendment to these regulations, nor shall such non- conforming use be moved to any other parcel or lot located in any district within which said use is not permitted. (3) No additional structures or buildings shall be erected in connection with such nonconforming use of land. C. Nonconforming Lots. (1) A structure(s) or building(s) may be erected on a single lot, or parcel of land, notwithstanding the limitations imposed by other if prior to the effective adoption or amend- tract, provisions of these regulations, merit o£ these regulations. (a) The erection of such structure was permissable; and The single lot, tract, or parcel of [and was either subject to an executed'deed, ~igreement for deed, or other conveyance of real property recorded i'n the office of the Clerk of the Circuit Court in and for Palm Beact County, Florida; .or (C') The single lot, tract, or parcel of land was shown on a recorded map, plat,' drawing or survey recorded in the O[fice of the Clerk of the Circuit Court~fh and for Palm Beach County, Florida; or (d) The single lot, tract or parcel of land shall meet the minimum property development regulations that are generally applicable in the districl excluding minimum lot area and dimension requirements. D. Nonconforming Uses of Structures. (1) The n'onconforminf use of a building or other structure may be extended throughout any part of +Zue building or structure which was clearly designed and intended for such use at the date of the effective adoption or amendment of these regulations. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other part of the .building or structure. No nonconforming use may be extended to occupy any [and outside the building or structure, nor any additional building or ~tructure on the same plot, Which was not used for such nonconforming use at the effective date oi the adoption or amendment of these regulations. -2- (2) No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structura[ly altered, unless the use is changed to one which complies with the provisions of this chapter. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of non-bearing wails, fixtures, or other interior alt'erations, shall be permitted each year in an amount not to exceed twenty- five percent of the assessed value of the building or structure for that year as determined by the Palm Beach County Tax Assessor, subject to the provisions of the preceding paragraph and provided such work does not increase the cubic vo[umn of'the structure, the floor area devoted to the nonconforming use or the number of dwelling units. Nothing in these regulations shall prevent comp'liance with app[icab[e laws or ordinances relative to the safety and sanitation of a building occupied by a non- conforming use. E. Nqnconforrning Structures. The lawfu[ existence of a structure or building at the effective date of the adoption or amendment to these regulations, although such structure or building does not conform to the Building and Site Regulations of these regulations for minimum lot area and dimensions, minimum yard setback requirements, maximum building height, total f[oor.area require- ments, or other characteristics of the structure,, or its location on the lot, may be continued so long as it remains otherwise lawful. A nonconforming structure or building (as opposed to a structure or building used for a nonconforming use) may be maintained a/~d repaired,' but it shah not be added to or a[tered in a fashion so as to increase the extent to which the structure or building is in violation of applicable regulations. A non- conforming structure or building may be added to or altered if shch alteration or addition does not in itself constitute a further violation of existing regulations. -3- F. Reconstruction or Removal. If any nonconforming structure or conforming structure devoted to a nonconforming use is destroyed to such an extent that the cost of rebuilding, repair and reconstruction will exceed 70~0 of its current assessed valuation as determined by the Palm Beach County Tax Assessor, or for any reason is moved any distance, it shah not again be used or reconstructed except in conformity with the provisions of these zoning regulations. G. Continuance, Discontinuance or Change of Nonconforming Use. (1) A nonconforming use of land or structure shall not be changed to any other use except one which would be permitted as a new use in the distric~ in which the land or building is located. However, no change shat1 be require¢ in the plans, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Chapter 5 of this Code and upon which construction has actually begun prior to the effective date of the adoption or amendment of these regulations. (2) Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not ~ereafter be used or occupied by a nonconforming use. (3) If for any reason a nonconforrhing use of land, str~ac~are or any pari thereof ceases or is discontinued for a period of more than sL~ (~) consecutive months, except when government action impedes access thereto, the land shall not thereafter be used for a nonconforming use. Section 2: Authority to Codify: Spe.cific authority is hereby granted to codify and incorporate this Ordinance in the City's existing Code. Section 3: Separability: Each of the provisions of thi~ Ordinance are separable, including word, clause, phrase or sentence, and if any. portion thereof shall be declared invalid, the remaining portion shat[ not be affected but shall remain, in full force and effect. See[ion 4: Repealing Provisions: At[ Ordinances or parts of Ordin- ances in conflict herewith are hereby repealed. -4- Section 5: the manner and at the time provided by law. First reading ibis .day of Second, final reading and passage this Effective Date: This Ordinance shall become effeclive in 1976. 1976. day of · CITY OF BOYNTON BEACH, FLORIDA. -5- By: Mayor Vice Mayor Council Member Council Member Council Member